[lug] good place to park or sell domains?

Bear Giles bgiles at coyotesong.com
Wed Nov 7 15:31:09 MST 2012

I know arbitration itself is in the pocket of the corporations but in this
case there's a third party - your hosting company - and the arbitration
contract would be with them. I suspect they'll be very interested if the
arbitration company ignores a prior court decision that addressed this
precise issue.

Actually there's a fourth party - ICANN (and any upstream registrars from
yours). You aren't a direct party in their relationship BUT your
registrar's failure to comply with an official government court ruling
should raise eyebrows, arbitration clause in your contract or not, since
the court action preceded the arbitration and it's clear he's a sore loser.

On Wed, Nov 7, 2012 at 3:15 PM, Robert Racansky
<robert.racansky at gmail.com>wrote:

> On Wed, Nov 7, 2012 at 3:04 PM, Bear Giles <bgiles at coyotesong.com> wrote:
> > Wouldn't a copy of the court ruling put an end to this with extreme
> > prejudice? Not just end it but win a counter-claim for all arbitration
> fees
> > since, duh, the matter has already been settled in court.
> >
> >
> That's assuming that private arbitrators are required to follow the
> law and defer to precedent.
> One of the complaints against arbitration is that
> (1)  they're not required to follow the law
> (2)  proceedings aren't open and a matter of public record
> (3)  they favor clients who bring them repeat business (ie,
> corporations over individuals)
> A quick search for "arbitration horror stories"
> www.google.com/search?q=arbitration+horror+stories  returned
> http://arbitrationhorrorstories.wordpress.com/ , which states that
> "the built-in iniquities of the binding arbitration system...usurps
> ordinary consumers’ basic civil right to trial by a jury of their
> peers and grossly favors big business."
> In Jonah Hunt v Robert Racansky
> (1)  on February 14 2012, the Boulder County Colorado District Court
> denied the plaintiff's Motion For Restraining Order seeking to force
> me to surrender the domain name
> (2) on March 13 2012, the plaintiff filed a Motion To Dismiss his own
> case against me.  The court later dismissed the case without
> prejudice.
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